Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 195

IN THE HIGH COURT OF ALLAHABAD
SYED AFTAB HUSAIN RIZVI, J.
Jaid – Appellant
Versus
State of U.P. -Respondent
Criminal Misc. Bail Application No.954 of 2024
Decided on : 24-01-2024

Advocates:
Advocate Appeared:
For the Appellant : Devesh Kumar Shukla, Dharmesh Kumar Shukla

The court considered the absence of criminal history apart from the case shown in the gang chart and the undertaking of the applicant not to misuse the liberty of bail as grounds for allowing the bail application.

Headnote:
Bail - U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 - The court allowed the bail application under Section 439 of the Code of Criminal Procedure, considering the absence of criminal history apart from the case shown in the gang chart and the undertaking of the applicant not to misuse the liberty of bail.
Fact of the Case:
The applicant filed a bail application seeking enlargement on bail in a case under Section 2/3 U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station- Jewar, District- Gautam Budh Nagar.
Finding of the Court:
The court found that a case for bail is made out considering the absence of criminal history apart from the case shown in the gang chart and the undertaking of the applicant not to misuse the liberty of bail.
Issues: The main issue was whether the applicant should be granted bail in the case under the U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986.
Ratio Decidendi: The court allowed the bail application based on the absence of criminal history apart from the case shown in the gang chart and the undertaking of the applicant not to misuse the liberty of bail.
Final Decision: The bail application was allowed, and the applicant was to be enlarged on bail on executing a personal bond and two sureties, subject to certain conditions.

JUDGMENT :

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.298 of 2023, under Section 2/3 U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station- Jewar, District- Gautam Budh Nagar.

3. Learned counsel for the applicant contended that in the gang chart only one case has been shown in which the accused-applicant has been granted bail. Learned counsel for the applicant further submitted that apart from case shown in the gang chart there is no other criminal history of the accused-applicant. The applicant is innocent and has been falsely implicated in the present case. The applicant who is in jail since 4.12.2023 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.

4. Learned A.G.A. opposed the prayer for bail but not disputed the aforesaid facts.

5. Considering the rival contentions of the parties, the material on record, attending circumstances and in the opinion of the Court, a case for bail is made out.

6. Accordingly, the bail application is allowed.

7. Let the applicant-Jaid involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

8. This bail order would be subject to the fulfillment of following conditions:-

1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

3. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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